IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3644 of 2007()
1. HASSANKUTTY, AGED 54 YEARS,
... Petitioner
Vs
1. MR.C.M.MANGALAKUMAR, AGED ABOUT
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.PADAYATTEE YELDO
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/12/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3644 of 2007
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Dated this the 6th day of December, 2007
O R D E R
The petitioner has been found guilty, convicted and
sentenced in a prosecution under Section 138 of the N.I. Act. He
has preferred an appeal. The appeal has been admitted. Order of
stay has been granted, subject to condition. The petitioner is
aggrieved by the condition that he must deposit an amount of
Rs.1 lakh. The petitioner is unable to raise the said amount
immediately. If the said condition were insisted, the petitioner
will have to face the predicament of undergoing the sentence
even before his appeal is disposed of on merits. In these
circumstances it is prayed that the said condition may be set
aside.
2. The cheque is for an amount of Rs.5 lakhs. There is a
dispute regarding execution of the cheque raised before the
learned Magistrate. While I find absolutely nothing improper in
the direction for deposit of an amount of Rs. 1 lakh being 20%
Crl.M.C.No. 3644 of 2007
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of the cheque amount, I am satisfied that appropriate direction can be
issued to ensure that the condition does not work out injustice to the
petitioner.
3. This Crl.M.C. is allowed and the following directions are
issued. The petitioner shall within one month from this date deposit
an amount of Rs.15,000/- towards the amount of Rs. 1 lakh directed to
be deposited by the Appellate Court. The petitioner shall have one
months further time to make the balance amount of Rs.85,000/- In
case the petitioner is not able to raise the balance amount, he may,
while remitting the amount of Rs.15,000/- make a request to the
learned Sessions Judge for expeditious disposal of the appeal and in
such event, the learned Sessions Judge shall ensure that the appeal is
disposed of within such period of one month. The learned Sessions
Judge shall then direct that the sentence shall not be executed till
disposal of the appeal.
(R. BASANT)
tm Judge
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